Toledo v. Delta Air Lines, Inc.
| Marvin Toledo |
| Delta Air Lines, Inc. |
| 3:2022cv00081 |
| January 6, 2022 |
| US District Court for the Northern District of California |
| Araceli Martinez-Olguin |
| Trina L Thompson |
| Jon S Tigar |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE of Pendency of Other Action [L.R. 3-13] by Delta Air Lines, Inc. (Attachments: #1 Exhibit 1 - McCauley's First Amended Class Action and Representative Complaint)(Frederick, Andrew) (Filed on 10/20/2023) Modified on 10/20/2023 (cjl, COURT STAFF). |
Filing 39
Order as Modified by Judge Araceli Martinez-Olguin granting #38 Stipulation to Continue Dates and Deadlines in the Case Management and Scheduling Order. Case Management Statement due by 11/30/2023. Class Certification Motion due by 2/28/2024. Opposition due by 4/17/2024. Reply due by 5/8/2024. Dispositive Motion due by 5/23/2024. Close of Expert Discovery due by 5/30/2024. Close of Fact Discovery due by 5/30/2024. Opening Reports due by 2/29/2024. Rebuttal Reports due by 3/29/2024. Further Status Conference set for 12/7/2023 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Class Certification Motion Hearing set for 5/30/2024 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (ads, COURT STAFF) (Filed on 7/27/2023)
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| Filing 38 STIPULATION WITH PROPOSED ORDER TO CONTINUE DATES AND DEADLINES IN THE CASE MANAGEMENT AND SCHEDULING ORDER filed by Marvin Toledo, Delta Air Lines, Inc. (Attachments: #1 Declaration DECLARATION OF THOMAS SEGAL IN SUPPORT OF STIPULATION TO CONTINUE DATES AND DEADLINES)(Segal, Thomas) (Filed on 7/24/2023) Modified on 7/25/2023 (cjl, COURT STAFF). |
| Filing 37 Clerk's Notice re #36 : The parties are hereby instructed to resubmit their request for new case management deadlines pursuant to Civil Local Rule 6-2. In the required declaration, they shall explain why the dates requested in ECF 36 are different from the dates requested in their most recent joint case management statement ECF 35. The parties shall concurrently submit a Word version of the submission by email to amopo@cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 7/17/2023) |
| Filing 36 STIPULATION WITH PROPOSED ORDER TO CONTINUE DATES AND DEADLINES IN THE CASE MANAGEMENT AND SCHEDULING ORDER filed by Marvin Toledo and Delta Air Lines, Inc.. (Setareh, Chaim) (Filed on 7/13/2023) Modified on 7/14/2023 (jml, COURT STAFF). |
| Filing 35 JOINT CASE MANAGEMENT STATEMENT filed by Delta Air Lines, Inc. and Marvin Toledo. (Antonopoulos, Nicole) (Filed on 5/31/2023) Modified on 6/1/2023 (jml, COURT STAFF). |
| Filing 34 Case Reassigned to District Judge Araceli Martinez-Olguin. District Judge Trina L Thompson no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (ecg, COURT STAFF) (Filed on 5/11/2023) |
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Filing 33
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023)
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| Filing 32 JOINT LETTER BRIEF TO CONTINUE DATES AND DEADLINES IN THE CASE MANAGEMENT AND SCHEDULING ORDER . (Attachments: #1 Proposed Order [PROPOSED] ORDER TO CONTINUE DATES AND DEADLINES IN THE CASE MANAGEMENT AND SCHEDULING ORDER)(Segal, Thomas) (Filed on 4/6/2023) Modified on 4/6/2023 (jml, COURT STAFF). |
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Filing 31
Order by District Judge Trina L Thompson GRANTING #30 STIPULATED PROTECTIVE ORDER.(vla, COURT STAFF) (Filed on 11/9/2022)
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| Filing 30 STIPULATED PROTECTIVE ORDER filed by Delta Air Lines, Inc. and Marvin Toledo. (Antonopoulos, Nicole) (Filed on 10/31/2022) Modified on 11/1/2022 (jml, COURT STAFF). |
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Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER:. Signed by Judge Trina L. Thompson on 10/31/2022. (tl, COURT STAFF) (Filed on 10/31/2022)
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| Filing 28 Minute Entry for further case management conference held on 10/27/2022 before Judge Trina L. Thompson. The parties are scheduled to engage in private mediation on May 12, 2023. The Court set the following schedule for further proceedings:Trial Date: 5/13/2024Pretrial Date: 5/2/2024Joint Pretrial Statement with Objections: 4/18/2024ADR Deadline: 9/1/2023Further CMC Hearing: 10/19/2023 at 2:00 PMLast day to hear dispositive motion:2/272024Last day to file dispositive motion: 1/23/2024Close of Expert Discovery: 1/31/2024Rebuttal Expert Disclosure: 12/1/2023Close of Fact Discovery: 1/31/2024Close of Expert Disclosure: 11/1/2023Last day to file class certification motion: 10/31/2023Last day to file opposition to class certification motion: 12/19/2023Last day to file reply re class certification motion: 1/9/2024Class Certification Motion Hearing: 1/30/2024Plaintiff Attorney: Thomas Segal. Defendant Attorney: Carrie Gonell and Nicole Antonopoulos. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 10/27/2022) |
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Filing 27
Order by Judge Trina L. Thompson granting #25 Stipulation to Continue Case Management Conference. Further Case Management Conference CONTINUED TO 10/27/2022 at 09:00 AM - Videoconference Only.Any counsel wishing to appear on the record needs to send an email to tltcrd@cand.uscourts.gov by no later than 10/20/2022 by 2 p.m. to register for the Hearing. (ec, COURT STAFF) (Filed on 10/18/2022)
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| Filing 26 JOINT CASE MANAGEMENT STATEMENT filed by Delta Air Lines, Inc. and Marvin Toledo. (Antonopoulos, Nicole) (Filed on 10/14/2022) Modified on 10/17/2022 (jml, COURT STAFF). |
| Filing 25 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Delta Air Lines, Inc. and Marvin Toledo. (Attachments: #1 Declaration of Carrie A. Gonell in Support of Stipulation to Continue Case Management Conference)(Gonell, Carrie) (Filed on 10/12/2022) Modified on 10/13/2022 (jml, COURT STAFF). |
| Set Deadlines/Hearings: Initial Case Management Conference converted to Further Case Management Conference. Hearing remains as set for 10/19/2022. (bxs, COURT STAFF) (Filed on 9/21/2022) |
| Filing 24 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Specially Set Initial Case Management Conference scheduled for 10/19/2022 at 09:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina- l-thompson/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at tltcrd@cand.uscourts.gov no later than Wednesday, October 12, 2022, by no later than 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 9/20/2022) |
| Case Reassigned to Judge Trina L Thompson. Judge Jon S. Tigar no longer assigned to the case. (anj, COURT STAFF) (Filed on 8/31/2022) |
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Filing 23
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Trina L. Thompson in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials TLT immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before Judge Thompson by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for or after November 15, 2022, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before November 15, 2022, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before October 14, 2022, the parties shall file a Joint Case Management Conference Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here.IT IS SO ORDERED. Dated: 8/31/2022 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 8/31/2022)
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Filing 22
SCHEDULING ORDER. Amended Pleadings due by 6/1/2022. Motions due by 5/24/2023. Responses due by 7/12/2023. Replies due by 8/2/2023. Signed by Judge Jon S. Tigar on May 24, 2022. (mll, COURT STAFF) (Filed on 5/24/2022)
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| Filing 21 Minute Entry for proceedings held before Judge Jon S. Tigar: Further Case Management Conference held on 5/24/2022. Hearing held via Zoom videoconference. Written scheduling order to issue. Further case management conference set. Case Management Statement due by 9/28/2022. Further Case Management Conference set for 9/30/2022 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than September 29, 2022 by Noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 9/28/2022. Further Case M anagement Conference set for 9/30/2022 01:30 PM in Oakland, - Videoconference Only.Total Time in Court: 10 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: Shaun Setareh, Thomas Segal. Defendant Attorney: Carrie Gonell, Nicole Antonopoulos. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 5/24/2022) |
| Filing 20 NOTICE of Appearance by Tyson James Gibb (Gibb, Tyson) (Filed on 5/18/2022) |
| Filing 19 CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 5/24/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be i dentified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counse appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 24, 2022 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 5/24/2 022 02:00 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 4/13/2022) |
| Filing 18 Joint Stipulation and Proposed order to Continue Initial Case Management Conference re #14 Clerk's Notice, Util - Teleconference Zoom filed by Delta Air Lines, Inc. and Marvin Toledo. (Attachments: #1 Declaration In Support of Joint Stipulation)(Gonell, Carrie) (Filed on 4/12/2022) Modified on 4/13/2022 (bns, COURT STAFF). |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant Delta Air Lines, Inc. (Antonopoulos, Nicole) (Filed on 4/12/2022) |
| Filing 16 JOINT CASE MANAGEMENT STATEMENT filed by Delta Air Lines, Inc.. (Antonopoulos, Nicole) (Filed on 4/12/2022) |
| Filing 15 NOTICE of Pendency of Other Action [L.R. 3-13] by Delta Air Lines, Inc. (Antonopoulos, Nicole) (Filed on 2/3/2022) Modified on 2/4/2022 (jml, COURT STAFF). |
| Filing 14 CLERK'S NOTICE SETTING ZOOM HEARING. Case Management Statement due by 4/12/2022. Initial Case Management Conference set for 4/19/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is r equired of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than April 18, 2022 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 4/12/2022. Initial Case Management Conference set for 4/19/2022 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 1/24/2022) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/21/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/21/2022)
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| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 1/21/2022) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Delta Air Lines, Inc... (Antonopoulos, Nicole) (Filed on 1/20/2022) |
| Filing 10 CERTIFICATE OF SERVICE by Delta Air Lines, Inc. (Antonopoulos, Nicole) (Filed on 1/13/2022) |
| Filing 9 NOTICE by Delta Air Lines, Inc. re #1 Notice of Removal, Notice of Compliance of Defendant Delta Air Lines, Inc. with 28 U.S.C. Section 1446(D) (Antonopoulos, Nicole) (Filed on 1/13/2022) |
| Filing 8 CLERK'S NOTICE SCHEDULING CASE MANAGEMENT CONFERENCE. This action was reassigned to Magistrate Judge Corley. The parties shall submit their consent/declination by January 21, 2022. The case management conference is scheduled for April 7, 2022 at 1:30 p.m. by videoconference. Joint case management conference is due by March 31, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 1/11/2022) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case,. Signed by Clerk on 1/11/22. (as, COURT STAFF) (Filed on 1/11/2022)
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Filing 6
ORDER OF RECUSAL. Signed by Judge Thomas S. Hixson on 1/10/2022. (tshlc1, COURT STAFF) (Filed on 1/10/2022)
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| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 3/31/202 2. Initial Case Management Conference set for 4/7/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (jml, COURT STAFF) (Filed on 1/7/2022) |
| Filing 4 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/21/2022. (anj, COURT STAFF) (Filed on 1/7/2022) |
| Answer to Removal Complaint filed in San Mateo County Superior Court on January 4, 2022 by Delta Air Lines, Inc.. (jml, COURT STAFF) (Filed on 1/7/2022) |
| Filing 3 Certificate of Interested Entities by Delta Air Lines, Inc. identifying Other Affiliate The Vanguard Group, Inc. for Delta Air Lines, Inc.. re #1 Notice of Removal, (Antonopoulos, Nicole) (Filed on 1/6/2022) |
| Filing 2 Corporate Disclosure Statement by Delta Air Lines, Inc. re #1 Notice of Removal, (Antonopoulos, Nicole) (Filed on 1/6/2022) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court with jury demand. Their case number is CGC-21-596940. (Filing fee $402 receipt number ACANDC-16778781). Filed by Delta Air Lines, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Certificate/Proof of Service)(Antonopoulos, Nicole) (Filed on 1/6/2022) Modified on 1/7/2022 (jml, COURT STAFF). |
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